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DEPARTMENT OF HEALTH v. RODRIGUEZ EX REL. MELENDEZ

No. 1D07-3323.

5 So.3d 22 (2009)

DEPARTMENT OF HEALTH, Appellant, v. Miguel Mora RODRIGUEZ, by and through his Best Friend and Guardian Maria MELENDEZ, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 27, 2009.

Attorney(s) appearing for the Case

Michael Greif, Assistant General Counsel, Department of Health, Tallahassee, for Appellant.

JoNel Newman and Joy Purcell, Certified Legal Intern, Community Health Rights Education Clinic, Coral Gables, and Michelle Holmes Johnson of White & Case, LLP, Miami, for Appellee.

Sara E. O'Dea of Edwards, Angell, Palmer & Dodge, LLP, West Palm Beach, for Amici Curiae Florida Community Health Action Information Network, Florida Immigrant Advocacy Center, Florida Immigrant Coalition, Florida Legal Services, and National Immigration Law Center.

PER CURIAM.

Appellant, the Department of Health ("Department"), challenges a final order wherein the administrative law judge ("ALJ") determined that Florida Administrative Code Rule 64I-1.001(1)(c), which renders illegal aliens ineligible for Florida's Brain and Spinal Cord Injury Program ("BSCI Program"), is an invalid exercise of delegated legislative authority. Because BSCI Program services constitute state public benefits under the federal Personal Responsibility...

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